TELECOMMUNICATORS · I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI ... b A Public Safety...
Transcript of TELECOMMUNICATORS · I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI ... b A Public Safety...
AGREEMENT
Between
TOWNSHIP OF LACEY
and
GOVERNMENT WORKERS UNION
POLICE PUBLIC SAFETY TELECOMMUNICATORS
EFFECTIVE JANUARY 1 2010 through DECEMBER 31 2012
TABLE OF CONTENTS
ARTICLE PAGE
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
RECOGNITION AND SCOPE OF AGREEMENT 2
COLLECTIVE BARGAINING PROCEDURE 3
DISCRIMINATION AND COERCION 3
INCREMENTS DEFINITION 4
SICK LEAVE 4
PERSONAL DAYS 7
DEDUCTION OF MEMBERSHIP DUES 8
EMPLOYEE RIGHTS 8
MANAGEMENT 8
SENIORITY 9
HOURS SCHEDULES 9
OVERTIME 9
VACATIONS 10
HOLIDAYS 11
HOSPITAL AND MEDICAL INSURANCE BURIAL 12
CLOTHING ALLOWANCE 13
LEGAL AID 13
PENSIONS AND RETIREMENT 13
SALARIES 13
LONGEVITY 14
COLLEGE TUITION REIMBURSEMENT 14
BEREAVEMENT 15
SAVINGS CLAUSE 16
DURATION 16
GRIEVANCE PROCEDURES 16
NEGOTIATIONS 19
COMPLETION OF AGREEMENT 19
1
THIS AGREEMENT made this 29th day of October 2010 by and between theTOWNSHIP OF LACEY a corporate body politic in the County of Ocean State of New
Jersey hereafter referred to as the Employer and the GOVERNMENT WORKERSUNION hereafter referred to as the Union as bargaining agent and on behalf ofcertain employees of the Lacey Township Police Department Township of LaceyCounty of Ocean State of New Jersey hereafter referred to as Employee
WITNESSETH
WHEREAS it is the intent and purpose of the parties herein to promote and
improve the harmonious and economic relations between the employer and its
employees and to establish a basic understanding relative to rates of pay hours of work
and other conditions of employment consistent with the law
NOW THEREFORE in consideration of this and mutual covenants herein
contained the parties hereunto agree with each other and with respect to the
Employees of the Employer recognized as being represented by the Union herebyagree as follows
ARTICLE I
RECOGNITION AND SCOPE OF AGREEMENT
A The Employer hereby recognizes GWU as the sole and exclusive representativeof all Employees in the negotiation of this Contract Agreement and for the
purposes of collective bargaining and all other activities and processes relativethereto
B The bargaining unit will consist of all of the regular full time police Public SafetyTelecommunicators of the Lacey Township Police Department now employed or
hereafter employed
C This Agreement shall govern all wages hours and other conditions of
employment set forth herein
D This Agreement shall be binding upon the parties hereto
E The Union recognizes that pursuant to New Jersey Statute they have no right to
strike
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ARTICLE IICOLLECTIVE BARGAINING PROCEDURE
A Collective bargaining with respect to rates of pay hours of work or otherconditions of employment shall be conducted by a duly authorized bargainingagent of each of the parties to this Agreement unless otherwise designated the
Mayor and the Employer or his designee and members of the Committee as
designated by the Township Committee or the Township of Lacey and the
President of the Union or his designee including an attorney providedreasonable notice is given to Employer together with members of his negotiatingcommittee shall be the respective negotiating agents for the parties
B Collective bargaining meetings shall be held at times and places mutuallyconvenient at the request of either party
C Employees of the Employer who may be designated by the Union to participateat collective bargaining meetings called for the purpose of the negotiation ofcollective bargaining will be excused from their work assignments to attend suchcollective bargaining meetings when applicable as long as no overtime is
incurred
ARTICLE III
DISCRIMINATION AND COERCION
A There shall be no discrimination interference or coercion by the Employer or anyof its agents against the Employees represented by the Union because of
membership or activity in the Union The Union shall not intimidate or coerce
Employees into membership Neither the Employer nor the Union shall
discriminate against any employee because of race color creed sex national
origin or political affiliation
B No material derogatory to Employee s conduct service character or personalityshall be placed in his her personnel file unless the Employee has had an
opportunity to review the material by affixing his her initials to the document to be
filed with the express understanding that such initials in no way indicate
agreement with the contents thereof The Employee shall also have the right to
submit a written reply example rebuttal answer etc to such material and this
reply shall be attached to the document to which it is in reply as long as the
document is in the Employee s file
C A personnel file shall be established and maintained for each employee covered
by this Agreement personnel history files are confidential and shall be
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maintained in the office of the Chief of Police Any member of the union shall
have the right to review his her file on reasonable notice and at reasonable times
When a written complaint or any derogatory or negative material concerning any
member of the Union or his her actions is to be placed in his her personnel file a
copy shall be made available to said member
ARTICLE IV
INCREMENTS DEFINITION
For the purpose of this contract any reference to the term increments shall be
defined as follows
Full Time Emplovees Hired After January 1 1974An employee who is hired on a full time basis by Township of Lacey subsequent to
January 1 1974 shall have his her increments determined as follows
January IncrementIf an employee is employed on the 1
st
day of January up through and including the 30th
day of June then that employee s increment shall be determined as of January 1st of
the following calendar year
Julv Increment
Any employee who is employed on or after the 1st
day of July of any calendar year up
through and including the 31 stday of December of any calendar year shall have his her
increment measured as of July 1st of the following calendar year That all future
increments of employees who are hired subsequent to January 1 1974 shall have the
future increments based upon the anniversary of the January or July increment as set
forth above
ARTICLE VSICK LEAVE
A All permanent full time employees covered by this Agreement shall be grantedsick leave with pay pursuant to the following schedule
1 Reportinq Sick or Iniured Public Safety Telecommunicator unable to
report for duty because of sickness or injury or to attend a sick or injuredfamily member shall make an immediate report to the CommandingOfficer or Desk Officer in person or by telephone If unable to report a
relative or other responsible person shall notify the Commanding Officer
or Desk Officer of all pertinent facts either in person or by telephone
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2 Address of Confinement Public Safety Telecommunicators when sickor injured shall be responsible for notifying their supervisors as to their
places of confinement and of any subsequent changes in their places ofconfinement
3 Sick or Iniured on Dutv Public Safety Telecommunicators who become
sick or who are injured on duty shall report the facts to the CommandingOfficer and shall remain on duty until relieved unless excused by a
superior officer The only exception is when sickness or injury is
disabling to the point of preventing compliance
4 Accumulated Sick Leave Public Safety Telecommunicators shall
accumulate sick leave at the rate of fifteen 15 days for each full year ofcontinuous employment in the department Public SafetyTelecommunicators having exhausted all of their sick leave will not
receive any further sick leave or compensation in lieu thereof until new
time has been accumulated and earned by the employee by subsequentemployment Newly appointed Public Safety Telecommunicators shallaccrue one day of sick leave for each full month worked until the
completion of the first year
5 Verification of Sick Leavea All Public Safety Telecommunicators who shall be absent on sick
leave for five or more consecutive working days shall be required to
submit acceptable medical evidence substantiating the illness
b A Public Safety Telecommunicator who has been absent on sick leave
for periods totaling ten days in one calendar year consisting of periods of
absence of less than five days shall submit acceptable medical evidencefor any additional sick leave in that year unless such illness is of a chronicor a recurring nature requiring continuing absences of one day or less in
which case only one certificate shall be necessary for a period of six
months
c The Chief of Police may require a proof of illness from Public SafetyTelecommunicators on sick leave whenever such requirement appearsreasonable Abuses of sick leave shall be cause of disciplinary action
d When the Township requires verification in a b and c
above the Township will pay for same The Township may
require the employee to be examined by the Township doctor
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6 Examination The Chief of Police may require a Public SafetyTelecommunicator who has been absent because of personal illness as a
condition of his her return to duty to be examined at the expense of the
Department by a physician designated by the Department Such
examination shall establish whether the Public Safety Telecommunicatoris capable of performing his her normal duties and that his her return will
not jeopardize the health of other employees
7 Dental and Optical Sick leave will not be allowed for ordinary dental care
nor for the services of an oculist for normal eye care as such services are
readily available outside of work hours
8 Outside Employment No Public Safety Telecommunicator while on sickleave from the Department shall be employed elsewhere or engaged in
any outside work or employment
9 Unauthorized Absence Public Safety Telecommunicators who absent
themselves in an improper manner shall be subject to disciplinary action
Unauthorized absence occurs when Public Safety Telecommunicators
a are not at home or who are not at their place of confinement while on
sick leave when visited by the Department surgeon or a Superior Officer
in the Department
b feign illness or injury
c deceive the Department surgeon in any way as to their true condition
d are injured or become sick as a result of improper conduct or
practices
e violate any provisions concerning the reporting of sickness or injury
10 Retirement and Termination Benefit
a Upon retirement through an approved retirement system or
b The death of an employee while employed by the Township or
c An employee voluntarily terminating his services with the Townshipafter ten 10 years continuous service and without any disciplinary action
pending such employee or his estate shall be entitled to a lump sum
payment for earned and unused accumulated sick leave computed at therate of one half 1 2 of the eligible employee s daily rate of pay for each
day of earned and unused accumulated sick leave based upon the
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average annual compensation excluding overtime received during the last
year of his employment prior to the date of his retirement or his death
provided however that no such payment shall exceed fifteen thousanddollars 15 000 00
d In accordance with this section the employee so retiring or
terminating services must notify the Township no later than January 15thof the year in which she he intends to retire or leave employment in orderto receive payment in that calendar year Failure to notify by January 15thwill result in a delay to the following calendar year for receipt of payment
11 The Township reserves the right to extend sick leave
12 Annual Sick Leave Buy back For Employees Effective January 1 1998 ifan employee has accumulated forty 40 days of sick leave and has not
used more than seven 7 days in the prior year the employee may buyback 15 days of his her yearly accumulated sick leave at 75 of the
current year s base rate of pay He she shall apply in writing during the
five week period between December 1 and January 4 of the succeedingyear and payment shall be made by the second pay period in January
ARTICLE VI
PERSONAL DAYS
A 1 The employees shall be granted four 4 personal days off with pay during the
course of any calendar year
2 There shall be sixteen 16 hours of training at the Chief s discretion
3 When the Township closes their office discharges the employees early or
permits employees to come in late Telecommunication personnel will receive
equal time off as personal time
B Personal days shall not accumulate from one year to the next Personal days not
used during the course of the year in which they were granted shall be converted
into sick days and may be used under the provisions of Article V
C An employee covered by this contract will be granted one 1 administrative dayoff for every six 6 months worked without sick leave Administrative days shall
not be accumulated while on Worker s Compensation time off Days which have
been accumulated prior to any Worker s Compensation leave will remain as
accumulated time and accumulation of time will continue after returning to work
and being removed from Worker s Compensation
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ARTICLE VIIDEDUCTION OF MEMBERSHIP DUES
Upon receipt of written voluntary authorization and assignment of an Employee coveredby this Agreement on a form agreed upon between the Employer and the Union the
Employer agrees to deduct membership dues and when applicable initiation fee in
such amounts as shall be fixed pursuant to the by laws and constitution of the Union
during the full term of this Agreement and other extension or renewal thereof The
Employer shall promptly remit monthly any and all amounts so deducted with a list ofsuch deductions to the Secretary Treasurer of the Union
ARTICLE VIIIEMPLOYEE RIGHTS
A No employee shall be disciplined reprimanded reduced in rank or compensationor deprived of any advantage without just cause
B Whenever any employee is required to appear before any Township Official
Township Committee or member thereof concerning any matter which could
adversely affect the continuation of that employee in their position or
employment said employee shall be given prior written notice of the reasons forsuch meeting or interview and shall be entitled to have a representative of the
Union present to advise them and represent them during such meeting or
interview
ARTICLE IXMANAGEMENT
Nothing in this agreement shall interfere with the right of the Employer in accordance
with the applicable statutes ordinances rules and regulations to
A Carry out the statutory mandate and goals assigned to a municipality utilizingpersonnel methods and means in the most appropriate reasonable and efficientmanner possible
B Manage employees of the Employer to hire promote transfer assign or retain
employees in positions within the municipality and in that regard establishreasonable work rules without creating undue hardships to the employees Such
work rules shall be in written form and a copy shall be provided to each member
of the Union with applicable amendments thereto The parties agree that all
items not specifically listed herein are retained by the Township
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ARTICLE X
SENIORITY
The date of employment shall determine the rank of seniority In the event that both
members of the Union were appointed to their present rank on the same date the
individual with the highest ranking on the Civil Service examination will be senior
ARTICLE XI
HOURS SCHEDULES
A The parties understand and agree that the standard weekly work schedule for
employees covered by this Agreement requires employee services continuallythrough the seven 7 day week and that the standard work week shall consist ofthe tours of duty schedule as promulgated by the Chief of Police
B The tours of duty shall be guaranteed minimum of forty 40 hours a week as
established by the Chief of Police Hours of work will be defined as the followingFirst Shift 2245 0715 Second Shift 0645 1515Third Shift 1445 2315 at eight and one half hours per day
Employees will pick shifts based on seniority annuallyHours of work will not be adjusted to avoid overtime
The overtime shall be distributed using one 1 list by rotating seniorityA shift differential for the first shift of seventy five cents 75 per hour
A shift differential for the third shift of twenty five cents 25 per hour
Switches mutually agreed upon by two employees will be completed within one
year Division Commander or Supervisor shall approve of same Switch will not
exceed more than five 5 consecutive working daysWhen a shift opening occurs all employees will be given the opportunity to fill the
position Seniority will be the determining factor
C It is recognized by the parties that coffee breaks and lunch time are part of the
tour of duty and paid by the Township These coffee breaks will consist of a 30minute meal break and a 15 minute coffee break which may be scheduled to run
consecutively mutually agreed upon by the employee and supervisor
ARTICLE XII
OVERTIME
A The employer agrees that overtime consisting of time and one half 1 1 2 time
shall be paid to all employees covered by this Agreement for hours worked in
excess of the normal eight 8 hour work day or in excess of the normal forty 40
hour work week
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B Employees shall not be paid overtime for hours of work in excess of the normal
workday unless such overtime is authorized in writing and submitted to the Chief
of Police in voucher form
C In the event an employee is called in to duty other than his her normal
assignment she he shall be paid overtime at a rate of time and one half 1 1 2
for all time worked during such period In no such case shall she he be paid less
than four 4 hours but four 4 hours must be worked by the employee If anyless than four 4 hours are worked by agreement of the employee and
supervisor the employee will only be compensated for overtime worked When
called in to duty less than four 4 hours prior to a normal working shift the
employee shall be paid for only the overtime actually worked on that day
D At the employee s option overtime may be taken in compensatory timeaccumulated to a maximum of 480 hours At the time of assignment to overtimean employee must indicate payment in money or compensatory time Thisdecision may only be changed with the agreement of the Chief of Police Use of
compensatory time must be scheduled sufficiently in advance to allow for the
appropriate adjustments of work schedules to deploy personnel
ARTICLE XIIIVACATIONS
Each member of the Union who has had the length of continuous employment specifiedin the following table shall be entitled to vacation with pay at his her regular rate of pay
Selection of vacation shall be based on seniority within this organization Increments
are defined in the paragraph below
First Increment 1 day for each and every month an employee has
been employed in a full time capacity up to
December 31st of the year in which first employed
Second Increment 12 Vacation days
Third Increment 15 Vacation days
Fourth Increment 15 Vacation days
Fifth Increment 15 Vacation days
Sixth Increment 19 Vacation days
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Seventh Increment 19 Vacation days
Eighth Increment 20 Vacation days
Ninth Increment 20 Vacation days
Tenth Increment 20 Vacation days
Eleventh Increment 20 Vacation days
Twelfth Increment 22 Vacation days
ARTICLE XIV
HOLIDAYS
A The following shall be recognized as holidays under this Agreement and be paidat eight 8 hours pay The holidays are as follows
New Year s DayGood FridayMemorial DayGeneral Election DayVeteran s DayColumbus DayEaster DayWashington s Birthday
Lincoln s BirthdayJuly 4th Independence DayLabor DayThanksgiving DayDay after Thanksgiving DayChristmas DayMartin L King s BirthdayFloating Holiday
To be arranged on at least two 2 weeks notice with the approval of the Chief of
Police or his designee
B Payment for the above mentioned holidays will be made on the first payday in
the month of November of each and every calendar year Employees will be
paid for these holidays regardless of whether or not they actually work on said
holiday An employee who terminates employment with the Township of Laceyafter receiving payment for the holidays and before any of said holidays are
worked will have such monies deducted from the last paycheck
C Employees who work overtime on a holiday as set forth above shall receive payat the rate of time and one half 1 1 2 for the overtime that they worked
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ARTICLE XV
HOSPITAL AND MEDICAL INSURANCE
A For all Employees hired prior to January 01 2010 the Employer will provide to
the Employee and the Employee s family the following medical coverage New
Jersey State Health Benefits plan or its equivalent and prescription plan All
Employees hired after January 01 2010 shall be provided with individual heal
care coverage as per this Section If an Employee hired after January 01 2010
elects to secure dependent care health benefit coverage the Employee shall be
required to pay fifty percent 50 of the monthly premiums for said dependentcare coverage by payroll deduction All Employees covered under this
Agreement are required to pay 1 5 of their salary as their health benefitscontribution pursuant to legislation
B The employer will provide at no cost the Employee or a family member an annual
eye examination by an optometrist mutually agreed upon by the Employer and
the Employee
C The Employer will provide annually to each Employee or a family member who
so requires prescription eyeglasses or lenses the cost of which shall not exceedthe annual total of One Hundred Seventy Five Dollars 175 00
D Employer shall provide for Employees a New Jersey Dental Service Plan of
80 20 Prosthodontic coverage
E The Employer shall annually provide to each employee an annual medical
examination The employee shall file for reimbursement under the Blue
Cross Blue Shield Major Medical and any other appropriate health insurance
plan the Employer shall reimburse the employee for non reimbursed expensesup to a maximum cap of Two Hundred Dollars 200 00 per employee Shouldthe employer require a medical examination for any such reason same shall be
covered in full by the employer
F Effective January 01 2007 any changes mandated by the State Health BenefitsPlan concerning co payments will be applicable to the contract uponimplementation by the plan
G The Township shall pay for employee participation in a Stress ManagementProgram to a maximum of One Hundred Fifty Dollars 150 00 once during the
life of this Agreement
H Dispatchers shall be eligible to participate in the Township s EmployeesAssistance Program to the same extent as are all other Township employees
I Burial Expenses The Township shall pay up to Five Thousand Dollars
5 000 00 to an employee s survivors for burial expenses should an employeebe killed in the line of duty
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ARTICLE XVI
CLOTHING ALLOWANCE
A A full initial clothing allowance will be provided to the employee by the Townshipof Lacey upon successful completion of the probationary period Employees in
the second and succeeding increments shall receive a clothing allowance of
700 00 in each year of this contract Should employer change uniforms cost of
the initial issue to be covered by employer
B Cleaning allowance shall be payable annually to all permanent employees by the
Township of Lacey in the amount of 600 00 which will be paid in full by April 15
of each year
C Clothing damaged in the line of duty shall be replaced by the Department inaccordance with existing policy
ARTICLE XVII
LEGAL AID
The employer will provide all necessary legal aid and false arrest and liability insurance
to all personnel covered by this Agreement in the performance of their duties
ARTICLE XVIIIPENSIONS AND RETIREMENT
The employer shall continue to make contributions as provided for the pension and
retirement benefits to Employees or retirees with PERS on disability covered by this
Agreement under the P E RS pursuant to the provision of the statutes of the State ofNew Jersey The Employer shall pay the Employee s health benefits upon retirement
after twenty five 25 years of service as provided by Chapter 88 P L 1974
ARTICLE XIX
SALARIES
Employees hired after January 1 2009 the minimum starting salary is 29 000 00
After one year of probation and the possession of a certificate for Dispatcher the salaryshall be 33 500 00 There will be no salary increases for the term of this AgreementAll salaries remain the same as outlined in the 1 1 07 12 31 09 agreement
An annual payment of Five Hundred Dollars 500 00 will be paid to all certified
Matrons in July of each year All employees are to be retrained at classes provided bythe Township and will not be scheduled on employee s time off
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ARTICLE XXLONGEVITY
A Each employee shall be paid in addition to his current annual wage longevityincrements which shall be figured in and computed in as the employee s base
salary based upon his her years of continuous employment with the LaceyTownship Police Department in accordance with the following schedules
Years of Service Increments of Base Pay1 Upon entering the 1
st
day of the 6th increment of service 400 00 total
2 Upon entering the 1st day of the 9th increment of service 800 00 total
3 Upon entering the 1 stday of he 1ih increment of service 1 200 00 total
4 Upon entering the 1 stday of the 15th increment of service 1 600 00 total
5 Upon entering the 1st
day of the 18th increment of service 2 000 00 total
6 Upon entering the 1st
day of the 19th increment of service 2 225 00 total
B The longevity credit shall be automatic and shall be paid upon completion of the
prescribed years of service
C Longevity pay shall be considered together with base pay for pension purposes
D Longevity pay shall be paid with each bi weekly salary check during the calendar
year as part of the employee s regular permanent salary
ARTICLE XXI
COLLEGE TUITION REIMBURSEMENT
The Employer will reimburse a member of the Public Safety Telecommunicators unit a
maximum of Five Hundred dollars 500 00 per semester for tuition and books not to
exceed 1 000 00 per year under the following conditions
A That the Employee be enrolled in a degree program
B That said program is beneficial to employee s job skills or job related
C That the program be approved by the Employer
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D That a minimum of a grade equivalent of C be achieved for any reimbursementto be paid
E Upon completion of an Associates Degree Bachelor s Degree Master s Degreeor Technical Degree Certification from a Trade School the employee agrees to
remain in the employ of the Township for a minimum of two years However in
lieu of said two year employment requirement the employee has the option to
repay to the Township any and all tuition costs paid by the Township in regard to
the Employee s education
ARTICLE XXII
BEREAVEMENT
B 1 In case of death of the immediate family of an employee which means father
mother spouse child sister brother significant other or foster child of the
employee and relatives of the employee residing in the employee s householdthe employee will be given five 5 consecutive days leave of absence with payone of which shall be the day of death or the day of burial in accordance with the
Lacey Township Personnel Policies
2 Significant Other will be defined as one who has been residing in the
household for the previous six months
3 An employee shall be entitled to three 3 days off on the day of death or for
attendance at the funeral of grandparents grandchildren mother in law fatherin law brother in law sister in law daughter in law son in law grandfather in
law grandmother in Iaw niece or nephew Such leave is separate and distinct
from any other leave
4 An employee shall be entitled to one 1 day off on the day of death or for
attendance at the funeral of an aunt or uncle
B In the case of death in the immediate family reasonable proof shall be requiredand no such leave will be taken until the immediate supervisor is so notified of
the instance of bereavement In the event death occurs out of New Jersey State
extensions of the original leave of absence made through the employee s
immediate supervisor shall not be unreasonably withheld
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ARTICLE XXIII
SAVINGS CLAUSE
In the event that any Federal or State legislation governmental regulation includingInternal Revenue Service determinations or court decisions causes invalidation of anyArticle or Section of this Agreement all other Articles and Sections not so invalidated
shall remain in full force and effect and the parties shall renegotiate any such
invalidated provisions
ARTICLE XXIVDURATION
This Agreement shall be in effect as of and apply retroactively to the first day of January2010 to and including the 31st day of December 2012 In the event that a new written
contract has not been entered into between the Employer and the Union on or before
the first day of January 2013 then all of the terms and conditions of this Contract shall
be in full force and effect unless and until a Contract has been entered into subsequentto January 1 2013
ARTICLE XXVGRIEVANCE PROCEDURES
A 1 A grievance is defined as and limited to an alleged violation of a specificprovision of this Agreement
2 Any matter which is subject to the jurisdiction of the Civil Service Commission
or any retirement board established by law shall not be a subject of grievance or
arbitration under this Agreement but rather shall be grieved under the rules and
procedures set forth by the respective jurisdictions stated above
B 1 A written grievance shall contain a clear and concise statement of the
grievance and indicate the issue involved the relief sought the date the incident or
violation took place and the specific selection or sections of the Agreement involved
2 Any Employee may be represented at all stages of the grievance procedureby himself or at his option by a representative of the Union or by an attorney where
reasonable notice of legal representation is given the Employer When an Employee is
not represented by the Union the Union shall have the right to be present and state its
views at all stages of the grievance procedure unless the Employee objects to the
presence of the Union representative in which case the Union may not be present at
any stage of this procedure However in the event the Union is not present after final
determination at Step 3 if such final determination is made the Union will promptlyreceive a copy of the Employee s written grievance and a copy of the final determination
thereof
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3 All grievances must be presented promptly and no later than five 5
employee work days from the date of grievance or within five 5 employee work daysafter the grievant would reasonably be expected to know of its occurrence
C Step One
Any grievance which arises after the effective date of this Agreement shall first
be discussed by the aggrieved employee with his immediate supervisor Grievances
which have not been settled by the immediate supervisor to the satisfaction of the
employee under the foregoing procedure within five 5 employee work days ofpresentation to be considered further must be filed in writing within five 5 employeework days after the disposition by the supervisor The grievance shall be presented to
the Division Commander in triplicate on mutually agreed upon forms furnished by the
Employer and signed and dated by the employee s and Union representative TheDivision Commander and the supervisor involved will meet with the Employee and his
representative and attempt to resolve the grievance A written decision will then be
made by the Division commander and the supervisor and returned to the employee andhis representative within five 5 employee work days from its presentation to the
Division commander
Step Two
If dissatisfied with the decision in Step One to be considered further the
grievance must be appealed to the Chief of Police within five 5 employee work days ofreceipt of the written decision in Step One The Chief of Police or his representative will
meet with the Employee his representative the supervisor Division commander and
representatives of the Employer as the Chief of Police may elect and attempt to resolve
the grievance A written decision will be made following the meeting by the Chief of
Police or his representative and returned to the Employee and Union representativewithin five 5 employee work days from its appeal to the Chief of Police
Step Three
If dissatisfied with the decision in Step Two to be considered further the
grievance must be appealed to the Township Administrator within five 5 employeework days of receipt of the decision in Step Two The Administrator will meet the
Employee and or his Association representative and the Chief of Police to discuss and
attempt to resolve the grievance Following this meeting the written decision will be
made by the Administrator and returned to the Employee and Union representativewithin twenty one 21 employee work days from its appeal to the Administrator
Step Four
Grievances which have not been settled under the foregoing procedure may be
appealed to arbitration by either party within twenty 20 employee workdays of the dateof the Employers decision in Step Three If an unresolved grievance is not appealed to
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arbitration it shall be considered terminated on the basis of the Third Step answer The
appeal of a grievance to arbitration shall state in concise detail the nature of the remedyrequested For the purpose of selecting an impartial arbitrator the parties will meet
within ten 10 employee work days from the date of appeal of the grievance to
arbitration If the parties are unable to agree on an impartial arbitrator within a ten 10
employee work day period the parties or party acting jointly or separately shall requestthe New Jersey State Board of Mediation New Jersey State Public EmploymentRelations Commission to submit a panel of five 5 arbitrators To select an arbitratorfrom the panel the parties shall alternately strike one name with the last remainingname becoming the arbitrator The cost of the arbitrator and the expenses of the
hearing including a court reporter if requested by either party shall be shared equallyby the parties The arbitrator shall only have jurisdiction and authority to determine
compliance with the provisions of this Agreement The arbitrator shall not have
jurisdiction or authority to add to amend or modify the provisions of the Agreement In
formulating his her decisions the arbitrator shall adhere to the statutory law of New
Jersey and to the pertinent decision of the Civil Service Commission and the courts
The decision of the arbitrator shall be final and binding for parties of this Agreement
D Grievances not appealed within the designed time limits in any step of the
grievance procedure will be considered as having been adjudicated on the basis of the
last preceding management answer Grievances not answered by management within
the designated time limits in any step of the grievance procedures may be appealed to
the next step within five 5 employee work days of the expiration of the designated time
limits The parties may however mutually agree in writing to extend the limits in anystep of the grievance procedure
E The Union shall notify the Employer in writing of the names of the grievancerepresentatives and an alternate within thirty 30 employee work days after the
effective date of this Agreement Any changes thereto will be forwarded to the
employer by the Union as soon as changes are made
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ARTICLE XXVI
NEGOTIATIONS
It is hereby agreed between the parties to this Agreement that negotiations for the year2013 contract shall be initiated on or before the 15th day of November 2012 and thatthe parties hereto will schedule as soon as practicably possible a time and place in
order to discuss the terms and conditions of the year 2013 contract
ARTICLE XXVII
COMPLETION OF AGREEMENT
This Agreement constitutes the entire collective negotiation agreement between the
parties and contains all the benefits to which employees covered by this Agreement are
entitled
IN WITNESS WHEREOF the parties have hereunto set their hands and seals this
29th day ofOctober 2010
For the TOWNSHIP OF LACEY For the GOVERNMENT WORKERS UNION
By vM Y r
By
AIJEST
0MuniciparClerW
ATTEST
jharu 1n
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